IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130016413 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her debt for not completing the requirements of her Reserve Officers' Training Corps (ROTC) Scholarship be forgiven.

2.  The applicant states she disenrolled from the University of Arizona ROTC program in May 2010 and elected to repay the scholarship in the amount of $22,267.00.

   a.  She acknowledges that, at the time, she was not mature enough to begin an Army career as a commissioned officer and she accepts responsibility for being disenrolled from ROTC.

   b.  On 28 September 2010, she enlisted in the Arizona Army National Guard (AZARNG) in the rank of private first class (PFC)/pay grade E-3.  She completed basic and advanced individual training and was awarded military occupational specialty (MOS) 42F (Human Resource Information System Management Specialist).

   c.  She graduated from the University of Arizona and, on 30 November 2012, she was mobilized in support of Operation Enduring Freedom (OEF).  In June 2013, while serving in Afghanistan, she was notified that the ROTC debt payment was sent to collections and the debt is now being taken out of her paycheck at the rate of two-thirds of her overall pay.

   d.  She states the repayment of $22,267.00 is unjust since she enlisted in the of Army National Guard of the United States (ARNGUS), was mobilized, and is now serving in a combat area.

3.  The applicant provides copies of her:

* ARNGUS and AZARNG enlistment/reenlistment/extension documents
* initial active duty for training (IADT) documents
* college transcripts
* active duty for special work orders
* promotion orders
* ROTC disenrollment
* mobilization and transfer orders
* debt documents

CONSIDERATION OF EVIDENCE:

1.  A copy of the applicant's ROTC Cadet Contract is not filed in her Army Military Human Resource Record.

2.  On 30 August 2010, the applicant enlisted in the ARNGUS in the grade of E-1 for a period of 8 years and in the AZARNG for a period of 1 year.  Then, on
28 September 2010, she enlisted in the AZARNG in the grade of E-3 for a period of 3 years.

3.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was ordered to IADT on 8 February 2011, honorably released from active duty on 16 June 2011, and transferred to her AZARNG unit.  It shows she was awarded MOS 42F.

4,  The applicant was ordered to Full-Time National Guard Duty - Operational Support for the period 2 July 2012 to 30 September 2012.  She was promoted to specialist/pay grade E-4 on 5 October 2012.

5.  On 6 October 2012, she extended her enlistment for a period of 1 year.

6.  She was ordered to active duty for a period of 400 days in support of OEF on 2 January 2013.  She deployed to Bagram, Afghanistan on 2 March 2013.

7.  In support of her application, the applicant provides the following documents:

   a.  5th Brigade, U.S. Army Cadet Command, University of Arizona Wildcat Battalion, Tucson, AZ, memorandum for cadet, dated 14 May 2010, with enclosures that show the applicant was notified by Lieutenant Colonel (LTC) Patrick N. L----, Professor of Military Science, that she was being placed on indefinite leave of absence pending disenrollment from ROTC for failure to maintain eligibility requirements (failure of required Military Science course) and failure to meet enrollment requirements.

    	(1)  She was advised of her rights and the procedures regarding her disenrollment from ROTC and indebtedness.  She was informed that she may be called to active duty in the enlisted grade of E-1 or required to repay scholarship benefits in the amount of $22,257.00 in lieu of being called to active duty.

    	(2)  The applicant acknowledged receipt of the notification on 18 May 2010.  She also acknowledged that the amount and validity of her debt was correct.  She waived her rights, declined being called to serve in an enlisted status on active duty within 60 days after completion of her current projected graduation date (or withdrawal/dismissal from school), and declined expeditious call to active duty.

    	(3)  On 18 May 2010, the Professor of Military Science recommended monetary payback of the debt.

   b.  5th Brigade, U.S. Army Cadet Command, University of Arizona Wildcat Battalion, Tucson, AZ, memorandum, subject:  Disenrollment Scholarship Cadet from ROTC, dated 25 October 2010, with enclosures that show the applicant was notified by LTC Patrick N. L----, Professor of Military Science, that she was being disenrolled from the ROTC program for failure to maintain a semester grade point average (GPA) of 2.0 and for being in breach of her Scholarship Contract.
   
    	(1)  She was advised of her rights and the procedures regarding her disenrollment from ROTC and indebtedness.  She was informed that she may be called to active duty in the enlisted grade of E-1 or required to repay scholarship benefits in the amount of $22,257.00 in lieu of being called to active duty.

    	(2)  The applicant acknowledged receipt of the notification on 5 November 2010.  She also acknowledged that the amount and validity of her debt was correct.  She waived her rights, declined being called to serve in an enlisted status on active duty within 60 days after completion of her current projected graduation date (or withdrawal/dismissal from school), and declined expeditious call to active duty.

    	(3)  On 5 November 2010, the Professor of Military Science recommended monetary payback of the debt and forwarded the action for determination.

   c.  College Transcripts from the University of Arizona, Tucson, AZ, that show she was awarded a Bachelor of Science degree in Health Sciences on 
17 December 2011.

   d.  Defense Finance and Accounting Service (DFAS), Indianapolis Center, Indianapolis, IN, letter, dated 11 March 2013, that shows the applicant was previously notified of a debt owed to the U.S. Government and that payment had not been received.  She was informed that if payment was not received within 
30 days, her account might be referred to a commercial collection agency.  She was also advised to immediately send full payment or, in the alternative, provide information that the debt was not valid or not legally enforceable.

   e.  Two DFAS Forms 702 (Leave and Earnings Statements) for the months of May and August 2013 that show in May the applicant had an unpaid debt balance of $22,267.00 and that $1,151.07 was collected as debt payment in August.

8.  Army Regulation 145-1 (Senior ROTC:  Organization, Administration, and Training) provides policies and general procedures for administering the Army's ROTC Program.  Chapter 3 (Student Administration), paragraph 3-43, provides that scholarship cadets may be disenrolled by the Commanding General, U.S. Army ROTC Cadet Command, for failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her ROTC scholarship debt should be forgiven because she enlisted in the ARNGUS, was mobilized, served in Afghanistan in support of OEF, and she continues to serve in the ARNGUS.

2.  The applicant's disenrollment as a Scholarship Cadet from the ROTC program under the provisions of Army Regulation 145-1, paragraph 3-43, based on failure to maintain a 2.0 GPA was administratively correct.  All regulatory requirements were met and the rights of the applicant were fully protected throughout the disenrollment process.

3.  As a result of her disenrollment, the applicant incurred an ROTC scholarship debt of $22,257.00, which she acknowledged was correct and valid.

4.  The evidence of record clearly shows that the applicant declined to be expeditiously called to active duty upon disenrollment from the ROTC program in lieu being required to repay scholarship benefits.

5.  The applicant's enlistment in the ARNGUS and AZARNG on 30 August 2010 was considered and is acknowledged.  However, her enlistment was not in an active duty status.  Moreover, her mobilization and call to active duty in support of OEF in 2013 occurred more than 2 years after her disenrollment from ROTC and cannot be equated to satisfying the requirement of being expeditiously called to active duty.

6.  Therefore, in view of all of the foregoing, it is concluded that the applicant's ROTC debt is valid and she is not entitled to forgiveness of her ROTC debt.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      __________X__________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130016413



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ABCMR Record of Proceedings (cont)                                         AR20130016413



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